A Tier 2 sponsorship licence is the permission granted to you as a UK employer to sponsor skilled foreign workers wanting to work for your organisation in the UK under the Tier 2 visa route. This category only includes cookies that ensures basic functionalities and security features of the website. In your sponsor application, you can only nominate one Level 1 user, and this person must be an employee. At Commonwealth Contractors we specialise in the Tier 2 Visa (General) process. Tier 2 sponsorship licences are issued for a period of four years. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. If you wish to come to the UK for work, you must apply to companies that hold sponsor licenses for specialised work permits, also known as Tier 2 Visa.. They need a job offer from a UK-based employer. You can commence a permanent job with your new sponsor once you have successfully completed your course (i.e. Leverage your professional network, and get hired. You have been compliant with UK immigration rules throughout the qualifying period. Tier 2 also enables employers to transfer existing employees who are non-EEA nationals to a UK branch. The sponsor licence supporting documents you will need to provide vary depending on the type of organisation you are such as a private company, charity, ‘start up’ or public body, but invariably will be extensive to ensure you are fully evidencing your eligibility. Receiving a notice that your Sponsor Licence has been revoked can have a devastating impact on your organisation due to dire skills shortage in the UK. Tier 2 migrants are sponsored to perform a specific role, in a specific location, for a specific sum, for a specific duration; all of which must be declared to the Home Office with updates made should any of these details change. 6183275 UKVI relies on the information held on the SMS to monitor and communicate with all 27,000+ PBS licence holders, as such, there are penalties for those employers that fail to comply and fail to keep their records updated. For groups that are prolific in opening new overseas branches or companies, programming in the submission of an update to UKVI every quarter, or yearly as appropriate can help to ensure compliance. NA Law Solicitors can assist with your business immigration needs by managing the entire Tier 2 Sponsorship Licence application process. The implications are significant – disrupting operations, hitting finances and damaging reputation. We can help you adhere to your duties as a Tier 2 sponsor … More events than ever are competing for the same sponsors. "@type": "Question", In most cases a paid member of staff or an office holder: application for a Tier 2 sponsorship licence, changes or updates you might make to your licence, result in your licence rating being downgraded, or even your licence being suspended or revoked. } The log-in details sent to each of your Level 1 Users are also specific for each individual and must not be used by others, or even accessible to them. Why choose DavidsonMorris? "text": "The Home Office can refuse licence applications for many reasons. By law you are required to carry out right to work checks on the foreign workers that you sponsor to ensure that they are legally entitled to work in the UK and to undertake the work in question. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. An employer may also be required to obtain a sponsor licence where it merges with or takes over another business which already sponsors migrants under Tier 2. Given the scope for error and the organisational importance of getting the application right first time, seeking professional advice can help you ensure you are collating the correct documentation for your organisation’s application. To obtain a sponsor licence, you must apply to the Home Office. You must track and record employee attendance to ensure that any migrant worker is in fact complying with the terms of their Tier 2 visa. When the Points Based System was first introduced the Home Office required the Authorising Officer to be a senior member of staff. The sunk cost of tiered sponsorship levels. The ability to access the global talent market does however come at a cost for employers. Looking specifically at the Tier 2 category, there are four main types of worker that are eligible for sponsorship: You will need to state what type of licence it is you want to apply for ie if you will be hiring under Tier 2 and/or Tier 5. Failure to will be deemed a breach of your duties. If migrants are found to be working illegally in circumstances where you have failed to carry out the prescribed document checks, you are at risk of a civil penalty of up to £20,000 per illegal worker, or even criminal prosecution potentially resulting in imprisonment or an unlimited fine. Certificates from the applicant’s most recent country of residence will normally only be considered valid if they have been issued no more than 6 months before their visa application date. NA Law Solicitors can assist with your business immigration needs by managing the entire Tier 2 Sponsorship Licence application process. "@type": "Question", A Tier 2 sponsorship licence is the permission granted to you as a UK employer to sponsor skilled foreign workers wanting to work for your organisation in the UK under the Tier 2 visa route. Necessary cookies are absolutely essential for the website to function properly. "@type": "Question", These cookies do not store any personal information. Companies will also be required to comply with the illegal working requirements which states that all non-EU employees are required to provide documentation that proves their right to work before being employed by a UK company and copies of this information must also be retained by the employer. UKVI recommend that you keep numbers to the minimum necessary for effective business operation. } The Home Office has published new guidance for sponsor licence applications. Any UK employer looking to hire a non-EEA national under the Tier 2 visa skilled worker route must hold a valid sponsor licence. A Tier 2 Sponsor Licence is a permission given to an organisation to sponsor workers in its business. If they require access to We specialise is assisting highly skilled individuals in the IT and Finance Sector. How To Find A Tier 2 Visa Sponsor. "acceptedAnswer": { The applicant may be exempt from this requirement if they are a national from a majority English-speaking country. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. Tier 2 of the UK’s points-based system (PBS) is the main visa category used to employ skilled non-EEA migrants in the UK. This means around 2% of international students stayed in the UK under the Tier 2 (General) visa sponsorship. You are required to report within 10 working days if the sponsored individual: You are also required to report to the Home Office any suspicions and evidence that an individual is breaking the conditions of their stay in the UK. You also have the option to opt-out of these cookies. That means they can: You must always have at least one Level 1 user in place, who can access the SMS to carry out these tasks. This means that the job the employer wants to recruit for must be advertised domestically to give settled workers a chance to apply. Taking a proactive approach to compliance risk management is the most effective way to meet your duties on a consistent and sustained basis. We also use third-party cookies that help us analyze and understand how you use this website. Keeping up-to-date records of all foreign workers, Tracking and recording employee attendance, Reporting certain employee activities, such as non-attendance or non-compliance, Cooperating with the Home Office, such as during site visits. You must have adequate human resources systems in place to meet these obligations. minimum salary rate for new entrants under the Tier, workers through Tier 2 visa sponsorship must also satisfy a number of ongoing legal obligations, licence is the permission granted to you as a UK employer to sponsor, list includes those skilled jobs where the shortages, English language requirement the applicant can prove their knowledge of English by either passing an approved English language test, applicant may be exempt from this requirement, Tier 2 visa has been granted to an applicant, puts your organisation at risk of Home Office, immigration ‘raids’ and announced site visits, documents to prove their entitlement to work, workers and their current right to work in the UK documentation, Home Office regarding change of circumstances, sponsorship licence you will be given access to what’s known as the Sponsor Management System, DavidsonMorris are specialist UK business immigration, You must maintain accurate and up-to-date records for any migrant worker that you sponsor, including their contact details, UK residential address and any telephone number. If you miss this deadline it could delay a Tier 2 visa application by about a month. This reflects changes made to UK immigration rules in December 2020, notably, the replacement of the Tier 2 (General) visa route for sponsored employment with the new Skilled Worker visa route. Upon approval of the Tier 2 Sponsor Licence application, employers can then issue Certificates of Sponsorship in order to sponsor foreign migrants. Our Tier 2 sponsor licence specialists can provide all the required help and guidance to apply for Tier 2 General Sponsorship licence and carry out all the work until decision by the Home Office UKVI on the Tier 2 General sponsorship licence application. All documents must be kept for whichever is the shorter period of either: Sponsor licence holders are legally obliged to retain the following during the duration of employment: Having been granted a Tier 2 sponsorship licence you will be given access to what’s known as the Sponsor Management System (SMS) run by the Home Office. From ascertaining eligibility, through to advice on company structure, Tier 2 roles and salary levels and compiling your supporting documents, the Tier 2 sponsor licence specialists at DavidsonMorris can help. In addition to satisfying the relevant skill requirements and minimum salary threshold, in the majority of cases a Tier 2 sponsor must also conduct what’s known as the resident labour market test (RLMT). If a member of staff leaves and you fail to appoint someone else to the role, UKVI can choose to downgrade your licence (and charge you for the opportunity to upgrade it again) or even revoke your licence altogether. If you need help with a Tier 2 visa, or a Tier 2 Sponsor Licence, including help with complying with your Tier 2 Sponsor Licence obligations, workpermit.com can help. Further costs will also be payable when, for example, assigning the Certificate of Sponsorship to the job applicant. This organisation must also hold a Tier 2 sponsor licence which allows them to sponsor workers from overseas. Retain evidence of the recruitment process for the Tier 2 role and proof of satisfying the Resident Labour Market Test including the advertising campaign, interview notes, list of all applicants and reasons for rejection and references for the selected applicant. If your licence application has been refused, take advice on the options open to you to help avoid missing out on a key candidate. Job email alerts. The sponsor licence supporting documents you will need to provide vary depending on the type of organisation you are such as a private company, charity, ‘start up’ or public body, but invariably will be extensive to ensure you are fully evidencing your eligibility. } You have to apply to the Home Office to renew your licence. Any job that appears on the shortage occupation list does not need to be advertised before it can be offered to a non-EEA migrant worker. If you would like to apply for a Tier 2 Sponsor Licence WorkPermit.com can help. One year from the date you end your sponsorship of the migrant; or. If your application is successful you will be granted a Tier 2 sponsorship licence with an “A” licence rating. If your licence application has been refused, take advice on the options open to you to help avoid missing out on a key candidate. This website uses cookies to improve your experience while you navigate through the website. } Regulated by the Solicitors Regulation Authority No. It will also allow you to report any changes in the circumstances of an individual worker. If there is more than one person who could fill this role, you can decide who to nominate. Necessary cookies are absolutely essential for the website to function properly. Given the scope for error and the organisational importance of getting the application right first time, seeking professional advice can help you ensure you are collating the correct documentation for your organisation’s application." Tier 2 visa sponsorship record keeping. "@type": "Question", Opening or closing a UK branch In order to do so you must become a sponsor and thereafter hold a certificate of sponsorship. With the relevant SOC code selected, the employer can then assign a valid certificate of sponsorship to the non-EEA migrant worker under their Tier 2 General sponsorship licence. Failure to maintain the validity of your licence can result in Home Office enforcement action against your organisation and result in curtailment of your migrant workers’ visas. Falling short of the required standards and obligations puts your organisation at risk of Home Office enforcement action, with penalties including licence downgrade, suspension or revocation and substantial fines. Complying with the law, such as carrying out right to work checks on employees to ensure that they are entitled to be in the UK and undertake the work in question. The licence grants permission to employ non-European nationals within specific limitations on the type of work that can be performed and the duration of the visa. How to get sponsorship in the UK is through a job offer for a position categorised as a ‘shortage occupation’ and the employer completing a ‘resident labour market test’ to prove that the job can't be filled by a resident worker. You must have a minimum of one Level 1 user who is a settled worker. We also provide ongoing support with compliance and meeting licence duties to manage the risk of non-compliance and ensure effective preparation for the renewal application. This list includes those skilled jobs where the shortages of resident workers are most severe, and where the consequences of those shortages are most serious. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 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